AMENDMENT 512
Section 2B1.1(b) is amended by deleting:
"(2) If (A) a firearm, destructive device, or controlled substance was taken, or the taking of such item was an object of the offense; or (B) the stolen property received, transported, transferred, transmitted, or possessed was a firearm, destructive device, or controlled substance, increase by 1 level; but if the resulting offense level is less than 7, increase to level 7.";
and by renumbering the remaining subdivisions accordingly.
Section 2B1.1 is amended by inserting the following additional subsection:
"(c) Cross Reference
(1) If (A) a firearm, destructive device, explosive material, or controlled substance was taken, or the taking of such item was an object of the offense, or (B) the stolen property received, transported, transferred, transmitted, or possessed was a firearm, destructive device, explosive material, or controlled substance, apply §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy), §2D2.1 (Unlawful Possession; Attempt or Conspiracy), §2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), or §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition), as appropriate, if the resulting offense level is greater than that determined above.".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 8 by deleting "(b)(6)" and inserting in lieu thereof "(b)(5)".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 11 by deleting "(b)(7)(B)" and inserting in lieu thereof "(b)(6)(B)".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 13 by deleting "(b)(7)(A)" and inserting in lieu thereof "(b)(6)(A)".
The Commentary to §2B1.1 captioned "Background" is amended by deleting the fourth paragraph as follows:
" Studies show that stolen firearms are used disproportionately in the commission of crimes. The guidelines provide an enhancement for theft of a firearm to ensure that some amount of imprisonment is required. An enhancement is also provided when controlled substances are taken. Such thefts may involve a greater risk of violence, as well as a likelihood that the substance will be abused.".
The Commentary to §2B1.1 captioned "Background" is amended in the sixth (formerly the seventh) paragraph by deleting "(b)(7)(A)" and inserting in lieu thereof "(b)(6)(A)"; and in the seventh (formerly the eighth) paragraph by deleting "(b)(7)(B)" and inserting in lieu thereof "(b)(6)(B)".
Reason for Amendment: This amendment addresses an inconsistency in guideline penalties between theft offenses involving the taking of firearms or controlled substances that are sentenced under §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Receiving, Transporting, Transferring, Transmitting, or Possessing Stolen Property) and similar offenses sentenced under §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy), §2D2.1 (Unlawful Possession; Attempt or Conspiracy), §2K1.3 (Unlawful Receipt, Possession, or Transportation of Explosive Materials; Prohibited Transactions Involving Explosive Materials), or §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition) by deleting the specific offense characteristic in §2B1.1 applicable in such instances and inserting in lieu thereof a cross reference directing the application of §2D1.1,
§2D2.1, §2K1.3, or §2K2.1, as appropriate, if the resulting offense level is greater.
Effective Date: The effective date of this amendment is November 1, 1995.